In this Service Agreement ("Agreement") "you" and "your"
refer to each customer and "we", us" and "our" refer to
CheapDotNet.com. This Agreement explains our obligations to you, and explains your
obligations to us for our various services. By selecting our service(s) you have
agreed to establish an account with us for such services. When you use your account
or permit someone else to use it to purchase or otherwise acquire access to additional
service(s) or to cancel your CheapDotNet service(s) (even if we were not notified
of such authorization), this Agreement covers such service or actions. By using
the service(s) provided by CheapDotNet.com under this Agreement, you acknowledge
that you have read and agree to be bound by all terms and conditions of this Agreement
and any pertinent rules or policies that are or may be published by us.
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We cannot and do not check to see whether the domain name you select, or the use
you make of the domain name, infringes legal rights of others. We urge you to investigate
to see whether the domain name you select or its use infringes legal rights of others,
and in particular we suggest you seek advice of competent counsel. You may wish
to consider seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we might be ordered
by a court to cancel, modify, or transfer your domain name. You should be aware
that if we are sued or threatened with lawsuit in connection with your domain name,
we may turn to you to hold us harmless and indemnify us.
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As consideration for the services you have selected, you agree to pay CheapDotNet
the applicable service(s) fees. Registration will not be processed until payment
for services is verified or received. All fees payable for domain name thereunder
are nonrefundable unless we provide otherwise. This section does not apply to fees
payable for CheapDotNet's Web Hosting and Web Hosting services. Payment policy
for Web Hosting can be found at: http://CheapDotNet.com/web_hosting/policy_billing.htm.
As further consideration for the domain name service(s), you agree to: (1) provide
certain current, complete and accurate information about you as required by the
registration process and (2) maintain and update this information as needed to keep
it current, complete and accurate. All such information shall be referred to as
account information ("Account Information"). You hereby grant CheapDotNet
the right to disclose to third parties such Account Information. The Registrant,
by completing and submitting the Domain Name Registration Agreement ("Registration
Agreement"), represents that the statements in its application are true and
that the registration of the selected Domain Name, so far as the Registrant is aware,
does not interfere with or infringe upon the rights of any third party. The Registrant
also represents that the Domain Name is not being registered for any unlawful purpose.
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You agree, during the period of this Agreement, that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services provided under this
Agreement. Any such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s) on CheapDotNet.com's
Web site, or on notification to you by e-mail or by telephone or by mail. You agree
to review CheapDotNet.com's Web site, including the Agreement, periodically
to be aware of any such revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by providing us with notice
by e-mail or by fax. Notice of your termination will be effective on receipt and
processing by us. You agree that, by continuing to use the CheapDotNet.com services
following notice of any revision to this Agreement or change in service(s), you
abide by any such revisions or changes. You further agree that we, in our sole discretion,
may modify our Dispute Policy at any time. You agree that, by maintaining the reservation
or registration of your domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. You acknowledge that if you do
not agree to any such modifications, you may request that your domain name be deleted
from the domain name database.
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In order to change any of your account information with us, you must use your Account
Identifier and Password that you selected when you opened your account with us.
Please safeguard your Account Identifier and Password from any unauthorized use.
In no event will we be liable for the unauthorized use or misuse of your Account
Identifier or Password.
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If you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by our current Domain Name
Dispute Policy ("Dispute Policy") which is incorporated herein and made
a part of this Agreement by reference.
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You agree that, if the registration or reservation of your domain name is challenged
by a third party, you will be subject to the provisions specified in the Dispute
Policy in effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy. For any dispute,
you agree to submit to the jurisdiction of the courts of your domicile, the courts
of the geographic location indicated by your WHOIS information for your domain name,
and the courts of the DuPage County, Illinois.
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You agree that, if an agent for you (i.e., an Internet Service Provider, employee,
etc.) purchased CheapDotNet service(s) on your behalf, you are nonetheless bound
as a principal by all terms and conditions herein, including the Dispute Policy.
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We reserve the right to distribute information to you that is pertinent to the quality
or operation of our services and those of our service partners. These announcements
will be predominately informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to enhance your identity
on the Internet.
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You agree that our entire liability, and your exclusive remedy, with respect to
any CheapDotNet.com services(s) provided under this Agreement and any breach of
this Agreement is solely limited to the amount you paid for such service(s). CheapDotNet
and its contractors shall not be liable for any direct, indirect, incidental, special
or consequential damages resulting from the use or inability to use any of the CheapDotNet.com
services or for the cost of procurement of substitute services. Because some states
do not allow the exclusion or limitation of liability for consequential or incidental
damages, in such states, our liability is limited to the extent permitted by law.
We disclaim any and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions; (2) loss
or liability resulting from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your Account Identifier or Password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting from the development
or interruption of your Web site or e-mail service. The registrant agrees that CheapDotNet
will not be liable for any loss of registration and use of registrant's domain
name, or for interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless of the form
of action whether in contract, tort (including negligence), or otherwise, even if
CheapDotNet has been advised of the possibility of such damages. In no event shall
CheapDotNet's maximum liability exceed five hundred ($500.00) dollars.
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You agree to release, indemnify, and hold CheapDotNet, its contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities, claims
and expenses, including attorney's fees, of third parties relating to or arising
under this Agreement, the CheapDotNet.com services provided thereunder or your use
of the CheapDotNet.com services, including without limitation infringement by you,
or someone else using the CheapDotNet.com E-mail Service with your computer, of
any intellectual property or other proprietary right of any person or entity, or
from the violation of any CheapDotNet.com operating rule or policy relating to the
service(s) provided. You also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the Dispute Policy. When CheapDotNet.com
is threatened with suit by a third party, CheapDotNet.com may seek written assurances
from you concerning your promise to indemnify CheapDotNet.com; your failure to provide
those assurances may be considered by CheapDotNet.com to be a breach of your Agreement
and may result in deactivation of your domain name.
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You agree that failure to abide by any provision of this Agreement, any CheapDotNet.com
operating rule or policy or the Dispute Policy, may be considered by us to be a
material breach and that we may provide a written notice, describing the breach,
to you. If within thirty (30) calendar days of the date of such notice, you fail
to provide evidence, which is reasonably satisfactory to us, that you have not breached
your obligations under the Agreement, then we may delete the registration or reservation
of your domain name or terminate your account without further notice. Any such breach
by you shall not be deemed to be excused simply because we did not act earlier in
response to that, or any other breach by you.
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You agree that, by registration or reservation of your chosen domain name, such
registration or reservation does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
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You agree and warrant that the information that you provide to us to register or
reserve your domain name or register for other CheapDotNet.com service(s) is, to
the best of your knowledge and belief, accurate and complete, and that any future
changes to this information will be provided to us in a timely manner according
to the modification procedures in place at that time. You agree that your use of
our CheapDotNet.com service(s) is solely at your own risk. You agree that such service(s)
is provided on an "as is," "as available" basis. CheapDotNet.com
expressly disclaims all warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. CheapDotNet.com makes no warranty that the CheapDotNet.com
service(s) will meet your requirements, or that the service(s) will be uninterrupted,
timely, secure, or error free; nor does CheapDotNet.com make any warranty as to
the results that may be obtained from the use of the service(s) or as to the accuracy
or reliability of any information obtained through the CheapDotNet.com e-mail service
or that defects in the CheapDotNet.com service(s) software will be corrected. You
understand and agree that any material and/or data downloaded or otherwise obtained
through the use of the CheapDotNet.com service is done at your own discretion and
risk and that you will be solely responsible for any damage to your computer system
or loss of data that results from the download of such material and/or data. CheapDotNet.com
makes no warranty regarding any goods or services purchased or obtained through
the service or any transactions entered into through service. No advice or information,
whether oral or written, obtained by you from CheapDotNet.com or through the service
shall create any warranty not expressly made herein. Some jurisdictions do not allow
the exclusion of certain warranties, so some of the above exclusions may not apply
to you.
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You agree that we may delete your domain name or terminate your right to use other
CheapDotNet.com service(s) if the information that you provided to register or reserve
your domain name or register for other CheapDotNet.com service(s), or subsequently
to modify it, contains false or misleading information, or conceals or omits any
information we would likely consider material to our decision to register or reserve
your domain name. You agree that we may, in our sole discretion, delete or transfer
your domain name at any time.
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We, in our sole discretion, reserve the right to refuse to register or reserve your
chosen domain name or register you for other CheapDotNet.com service(s), or to delete
your domain name within thirty (30) calendar days from receipt of your payment for
such services. In the event we do not register or reserve your domain name or register
you for other CheapDotNet.com service(s), or we delete your domain name or other
CheapDotNet.com service(s) within such thirty (30) calendar day period, we agree
to refund your applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register or reserve, or delete
your domain name or register you for other CheapDotNet.com service(s).
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You agree that the terms of this Agreement are severable. If any term or provision
is declared invalid or unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original intentions of
the parties, and the remaining terms and provisions will remain in full force and
effect.
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Nothing contained in this Agreement or the Dispute Policy shall be construed as
creating any agency, partnership, or other form of joint enterprise between the
parties.
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The failure of CheapDotNet.com to require performance by the Registrant of any provision
hereof shall not affect the full right to require such performance at any time thereafter;
nor shall the waiver by CheapDotNet.com of a breach of any provision hereof be taken
or held to be a waiver of the provision itself.
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Any notice, direction or other communication given under this Agreement shall be
in writing and given by sending it via e-mail or via regular mail. In the case of
e-mail, valid notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender, in the case of notice
to us to [email protected]. Mail shall be sent to: CheapDotNet Corp., 1 North
State Street 12th Floor, Chicago, IL 60602, and to you at the mailing address provided
in your application or as updated from time to time. Any e-mail communication shall
be deemed to have validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to 4:00 p.m. CST
and otherwise on the next business day. Any communication sent via regular mail
shall be deemed to have been validly and effectively given 5 business days after
the date of mailing.
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You agree that this Agreement, the rules and policies published by CheapDotNet.com
and the Dispute Policy are the complete and exclusive agreement between you and
us regarding our CheapDotNet.com services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established by custom,
practice, policy or precedent.
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You agree that this Agreement shall be governed in all respects by and interpreted
in accordance with the laws of the State of Illinois and the federal laws of the
Unites States of America applicable therein without reference to rules governing
choice of laws. Any action relating to this agreement must be brought in the County
of DuPage courts located in DuPage County, Illinois and you irrevocably consent
to the jurisdiction of such courts.
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You attest that you are of legal age to enter into this Agreement.
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You acknowledge that you have read this agreement and agree to all its terms and
conditions. You have independently evaluated the desirability of participating in
the affiliate network and are not relying on any representation, guarantee or statement
other than as set forth in this agreement.
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This Uniform Domain Name Dispute Resolution Policy (the "Policy") has
been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"),
is incorporated by reference into your Registration Agreement, and sets forth the
terms and conditions in connection with a dispute between you and any party other
than us (CheapDotNet Corporation) over the registration and use of an Internet domain
name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted
according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules
of Procedure"), and the selected administrative-dispute-resolution service
provider's supplemental rules.
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By applying to register a domain name, or by asking us to maintain or renew a domain
name registration, you hereby represent and warrant to us that (a) the statements
that you made in your Registration Agreement are complete and accurate; (b) to your
knowledge, the registration of the domain name will not infringe upon or otherwise
violate the rights of any third party; (c) you are not registering the domain name
for an unlawful purpose; and (d) you will not knowingly use the domain name in violation
of any applicable laws or regulations. It is your responsibility to determine whether
your domain name registration infringes or violates someone else's rights.
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We will cancel, transfer or otherwise make changes to domain name registrations
under the following circumstances: a. subject to the provisions of Paragraph 8,
our receipt of written or appropriate electronic instructions from you or your authorized
agent to take such action; b. our receipt of an order from a court or arbitral tribunal,
in each case of competent jurisdiction, requiring such action; and/or c. our receipt
of a decision of an Administrative Panel requiring such action in any administrative
proceeding to which you were a party and which was conducted under this Policy or
a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration
in accordance with the terms of your Registration Agreement or other legal requirements
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This Paragraph sets forth the type of disputes for which you are required to submit
to a mandatory administrative proceeding. These proceedings will be conducted before
one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm
(each, a "Provider"). a. Applicable Disputes. You are required to submit
to a mandatory administrative proceeding in the event that a third party (a "complainant")
asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service
mark in which the complainant has rights; and (ii) you have no rights or legitimate
interests in respect of the domain name; and (iii) your domain name has been registered
and is being used in bad faith. In the administrative proceeding, the complainant
must prove that each of these three elements are present. b. Evidence of Registration
and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances,
in particular but without limitation, if found by the Panel to be present, shall
be evidence of the registration and use of a domain name in bad faith: (i) circumstances
indicating that you have registered or you have acquired the domain name primarily
for the purpose of selling, renting, or otherwise transferring the domain name registration
to the complainant who is the owner of the trademark or service mark or to a competitor
of that complainant, for valuable consideration in excess of your documented out-of-pocket
costs directly related to the domain name; or (ii) you have registered the domain
name in order to prevent the owner of the trademark or service mark from reflecting
the mark in a corresponding domain name, provided that you have engaged in a pattern
of such conduct; or (iii) you have registered the domain name primarily for the
purpose of disrupting the business of a competitor; or (iv) by using the domain
name, you have intentionally attempted to attract, for commercial gain, Internet
users to your Web site or other on-line location, by creating a likelihood of confusion
with the complainant's mark as to the source, sponsorship, affiliation, or endorsement
of your Web site or location or of a product or service on your Web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name
in Responding to a Complaint. When you receive a complaint, you should refer to
Paragraph 5 of the Rules of Procedure in determining how your response should be
prepared. Any of the following circumstances, in particular but without limitation,
if found by the Panel to be proved based on its evaluation of all evidence presented,
shall demonstrate your rights or legitimate interests to the domain name for purposes
of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use of,
or demonstrable preparations to use, the domain name or a name corresponding to
the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly
known by the domain name, even if you have acquired no trademark or service mark
rights; or (iii) you are making a legitimate noncommercial or fair use of the domain
name, without intent for commercial gain to misleadingly divert consumers or to
tarnish the trademark or service mark at issue. d. Selection of Provider. The complainant
shall select the Provider from among those approved by ICANN by submitting the complaint
to that Provider. The selected Provider will administer the proceeding, except in
cases of consolidation as described in Paragraph 4(f). e. Initiation of Proceeding
and Process and Appointment of Administrative Panel. The Rules of Procedure state
the process for initiating and conducting a proceeding and for appointing the panel
that will decide the dispute (the "Administrative Panel"). f. Consolidation.
In the event of multiple disputes between you and a complainant, either you or the
complainant may petition to consolidate the disputes before a single Administrative
Panel. This petition shall be made to the first Administrative Panel appointed to
hear a pending dispute between the parties. This Administrative Panel may consolidate
before it any or all such disputes in its sole discretion, provided that the disputes
being consolidated are governed by this Policy or a later version of this Policy
adopted by ICANN. g. Fees. All fees charged by a Provider in connection with any
dispute before an Administrative Panel pursuant to this Policy shall be paid by
the complainant, except in cases where you elect to expand the Administrative Panel
from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure,
in which case all fees will be split evenly by you and the complainant. h. Our Involvement
in Administrative Proceedings. We do not, and will not, participate in the administration
or conduct of any proceeding before an Administrative Panel. In addition, we will
not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding
before an Administrative Panel shall be limited to requiring the cancellation of
your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made
by an Administrative Panel with respect to a domain name you have registered with
us. All decisions under this Policy will be published in full over the Internet,
except when an Administrative Panel determines in an exceptional case to redact
portions of its decision. k. Availability of Court Proceedings. The mandatory administrative
proceeding requirements set forth in Paragraph 4 shall not prevent either you or
the complainant from submitting the dispute to a court of competent jurisdiction
for independent resolution before such mandatory administrative proceeding is commenced
or after such proceeding is concluded. If an Administrative Panel decides that your
domain name registration should be canceled or transferred, we will wait ten (10)
business days (as observed in the location of our principal office) after we are
informed by the applicable Provider of the Administrative Panel's decision before
implementing that decision. We will then implement the decision unless we have received
from you during that ten (10) business day period official documentation (such as
a copy of a complaint, file-stamped by the clerk of the court) that you have commenced
a lawsuit against the complainant in a jurisdiction to which the complainant has
submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that
jurisdiction is either the location of our principal office or of your address as
shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure
for details.) If we receive such documentation within the ten (10) business day
period, we will not implement the Administrative Panel's decision, and we will
take no further action, until we receive (i) evidence satisfactory to us of a resolution
between the parties; (ii) evidence satisfactory to us that your lawsuit has been
dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your
lawsuit or ordering that you do not have the right to continue to use your domain
name.
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All other disputes between you and any party other than us regarding your domain
name registration that are not brought pursuant to the mandatory administrative
proceeding provisions of Paragraph 4 shall be resolved between you and such other
party through any court, arbitration or other proceeding that may be available.
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We will not participate in any way in any dispute between you and any party other
than us regarding the registration and use of your domain name. You shall not name
us as a party or otherwise include us in any such proceeding. In the event that
we are named as a party in any such proceeding, we reserve the right to raise any
and all defenses deemed appropriate, and to take any other action necessary to defend
ourselves.
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We will not cancel, transfer, activate, deactivate, or otherwise change the status
of any domain name registration under this Policy except as provided in Paragraph
3 above.
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a. Transfers of a Domain Name to a New Holder. You may not transfer your domain
name registration to another holder (i) during a pending administrative proceeding
brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as
observed in the location of our principal place of business) after such proceeding
is concluded; or (ii) during a pending court proceeding or arbitration commenced
regarding your domain name unless the party to whom the domain name registration
is being transferred agrees, in writing, to be bound by the decision of the court
or arbitrator. We reserve the right to cancel any transfer of a domain name registration
to another holder that is made in violation of this subparagraph. b. Changing Registrars.
You may not transfer your domain name registration to another registrar during a
pending administrative proceeding brought pursuant to Paragraph 4 or for a period
of fifteen (15) business days (as observed in the location of our principal place
of business) after such proceeding is concluded. You may transfer administration
of your domain name registration to another registrar during a pending court action
or arbitration, provided that the domain name you have registered with us shall
continue to be subject to the proceedings commenced against you in accordance with
the terms of this Policy. In the event that you transfer a domain name registration
to us during the pendency of a court action or arbitration, such dispute shall remain
subject to the domain name dispute policy of the registrar from which the domain
name registration was transferred.
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We reserve the right to modify this Policy at any time with the permission of ICANN.
We will post our revised Policy at at least thirty (30) calendar days before it
becomes effective. Unless this Policy has already been invoked by the submission
of a complaint to a Provider, in which event the version of the Policy in effect
at the time it was invoked will apply to you until the dispute is over, all such
changes will be binding upon you with respect to any domain name registration dispute,
whether the dispute arose before, on or after the effective date of our change.
In the event that you object to a change in this Policy, your sole remedy is to
cancel your domain name registration with us, provided that you will not be entitled
to a refund of any fees you paid to us. The revised Policy will apply to you until
you cancel your domain name registration.
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